Payment in instalments of the taxes administered by ANAF

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In the Official Journal No. 200/2011 has published Government Emergency Ordinance No. 29/2011 which regulates the payment of taxes in instalments.

The Ordinance provides for the possibility of any taxpayer, both natural and legal entity, to pay, upon request, the taxes administered by the National Tax Administration Agency (ANAF) in instalments spread over a maximum five (5)-year period.

The main provisions contained in the Ordinance refer to the following:

• Specific mentions are made of the conditions under which taxpayers may benefit from the payment of taxes in instalments, as well as of the exceptions from being granted such benefit (e.g. when taxes amount to less than RON 500 in the case of natural entities and less than RON 1,500 in the case of legal entities).

• Payment of taxes in instalments may be made upon taxpayer’s request which will be handled by the competent tax authority within 60 days of its registration date. After receiving such request, the said authority shall issue, ex officio, a tax certificate containing the taxpayer’s due and payable taxes, which will be forwarded to such taxpayer.

• After analysing the taxpayer’s request, the tax authority will issue either a refusal decision or an agreement in principle.

• The taxpayer shall provide guarantees within 30 days of the communication date of the agreement in principle. The Ordinance provides for the type and value of the guarantees which may be provided by taxpayer, as well as for the conditions of replacing, enforcing or reconsidering such guarantees.

• Also, the Ordinance sets forth several conditions which should be cumulatively fulfilled for maintaining the aforesaid payment valid.

• The interest rate applicable throughout the payment in instalments shall be 0.04% per diem, excepting the case in which the taxpayer provides the guarantee in the form of letter of bank guarantee and/or of cash collateral (deposit) with any of the State Treasury units, a case in which the interest rate shall be 0.03%.

• No penalty for late payment shall apply to the taxes which may be paid in instalments the 90-day term of which from the due date comes to completion after the submission date of the request.

• A 10% penalty shall be paid when the tax instalment and/or other additional amounts are paid later than scheduled, or when payment in instalments is no longer valid owing to taxpayer’s failure to meet the requirements stipulated by the Ordinance.

• Enforcement procedures are not initiated or are suspended when the taxpayer receives the competent authority’s decision on payment of taxes in instalments.

• The taxpayer may also pay in advance, partially or in full, the amounts included in the payment schedule.

• The procedure for the application of the provisions contained in this Ordinance shall be approved by the Minister of Public Finance within ten (10) days of the entry into force of the Ordinance.

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This article is also available in: Romanian

This post is also available in: Romanian

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